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Title 20 — Education

Chapter 66 — Morris K. Udall and Stewart L. Udall Foundation

§ 5602. Definitions

Statutory text

For the purposes of this chapter—

(1)

the term “Board” means the Board of Trustees of the Foundation established under section 5603(b) of this title;

(2)

the term “Center” means the Udall Center for Studies in Public Policy established in 1987 at the University of Arizona, and includes the Native Nations Institute;

(3)

the term “collaboration” means to work in partnership with other entities for the purpose of—

(A)

resolving disputes;

(B)

addressing issues that may cause or result in disputes; or

(C)

streamlining and enhancing Federal, State, or tribal environmental and natural resource decision-making processes or procedures that may result in a dispute or conflict;

(4)

the term “eligible individual” means a citizen or national of the United States or a permanent resident alien of the United States;

(5)

the term “environmental dispute” means a dispute or conflict relating to the environment, public lands, or natural resources;

(6)

the term “Foundation” means the Morris K. Udall and Stewart L. Udall Foundation established under section 5603(a) of this title;

(7)

the term “institution of higher education” has the same meaning given to such term by section 1001(a) of this title;

(8)

the term “National Center” means the John S. McCain III National Center for Environmental Conflict Resolution established pursuant to section 5605(a)(1)(B) of this title;

(9)

the term “Nation’s parks and wilderness” means units of the National Park System and components of the National Wilderness Preservation System;

(10)

the term “Native Nations Institute” means the Native Nations Institute for Leadership, Management, and Policy established at the University of Arizona in 2001;

(11)

the term “State” means each of the several States, the District of Columbia, Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federal States of Micronesia, and the Republic of Palau (until the Compact of Free Association is ratified); and

(12)

the term “Trust Fund” means the Morris K. Udall and Stewart L. Udall Trust Fund established in section 5606 of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992

    Pub. L. 102–259 § 4 · 106 Stat. 78

    Enacted · 20 U.S.C. § 5602

    Pub. L. 102–259, § 4, Mar. 19, 1992, 106 Stat. 78

    Source evidence

    Code source credit
    Pub. L. 102–259, § 4, Mar. 19, 1992, 106 Stat. 78

    Enacted provision · exact public law section
    SEC. 4. DEFINITIONS. For the purposes of this Act— (1) the term “Board” means the Board of Trustees of the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation established under section 5(b); (2) the term “Center” means the Udall Center for Studies in Public Policy established at the University of Arizona in 1987; (3) the term “eligible individual” means a citizen or national of the United States or a permanent resident alien of the United States; (4) the term “Foundation” means the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation established under section 5(a); (5) the term “fund” means the Morris K. Udall Scholarship and Excellence in National Environmental Policy Trust Fund established in section 8; (6) the term “institution of higher education” has the same meaning given to such term by section 1201(a) of the Higher Education Act of 1965; and (7) the term “State” means each of the several States, the District of Columbia, Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federal States of Micronesia, and the Republic of Palau (until the Compact of Free Association is ratified).

  2. Pub. L. 105–156 § 2(1) · 112 Stat. 8

    1. Added · 20 U.S.C. § 5602(4); 20 U.S.C. § 5602(5)

      Pub. L. 105–156, § 2(1), (2), added par. (4)

    2. Redesignated · 20 U.S.C. § 5602(4); 20 U.S.C. § 5602(5)

      Pub. L. 105–156, § 2(1), (2), redesignated former par. (4) as (5). Former par. (5) redesignated (9)

    Source evidence

    Code amendment note
    Pars. (4), (5). Pub. L. 105–156, § 2(1), (2), added par. (4) and redesignated former par. (4) as (5). Former par. (5) redesignated (9).

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (9), (7), and (8), respectively;

  3. Pub. L. 105–156 § 2(3) · 112 Stat. 8

    Redesignated · 20 U.S.C. § 5602(6)

    Pub. L. 105–156, § 2(3), added par. (6). Former par. (6) redesignated (7)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–156, § 2(3), added par. (6). Former par. (6) redesignated (7).

    Enacted provision · exact public law section
    (3) by inserting after paragraph (5) (as redesignated by paragraph (1)) the following: “(6) the term ‘Institute’ means the United States Institute for Environmental Conflict Resolution established pursuant to section 7(a)(1)(D);”;

  4. Pub. L. 105–156 § 2(1) · 112 Stat. 8

    1. Redesignated · 20 U.S.C. § 5602(7)

      Pub. L. 105–156, § 2(1), (4), redesignated par. (6) as (7)

    2. Redesignated · 20 U.S.C. § 5602(7)

      Pub. L. 105–156, § 2(1), (4), struck out “and” at end. Former par. (7) redesignated (8)

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 105–156, § 2(1), (4), redesignated par. (6) as (7) and struck out “and” at end. Former par. (7) redesignated (8).

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (9), (7), and (8), respectively;

  5. Pub. L. 105–156 § 2(1) · 112 Stat. 8

    1. Redesignated · 20 U.S.C. § 5602(8)

      Pub. L. 105–156, § 2(1), (5), redesignated par. (7) as (8)

    2. Substituted · 20 U.S.C. § 5602(8)

      Pub. L. 105–156, § 2(1), (5), substituted “; and” for period at end

    Source evidence

    Code amendment note
    Par. (8). Pub. L. 105–156, § 2(1), (5), redesignated par. (7) as (8) and substituted “; and” for period at end.

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (9), (7), and (8), respectively;

  6. Pub. L. 105–156 § 2(1) · 112 Stat. 8

    1. Redesignated · 20 U.S.C. § 5602(9)

      Pub. L. 105–156, § 2(1), (6), redesignated par. (5) as (9)

    2. Substituted · 20 U.S.C. § 5602(9)

      Pub. L. 105–156, § 2(1), (6), substituted “ ‘Trust Fund’ ” for “ ‘fund’ ” and period for semicolon at end

    Source evidence

    Code amendment note
    Par. (9). Pub. L. 105–156, § 2(1), (6), redesignated par. (5) as (9) and substituted “ ‘Trust Fund’ ” for “ ‘fund’ ” and period for semicolon at end.

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (9), (7), and (8), respectively;

  7. An Act authorizing appropriations and expenditures for the administration of Indian Affairs, and for other purposes

    Pub. L. 105–244 title I § 102(a)(6)(I) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 5602(6)

    Pub. L. 105–244, which directed the substitution of “section 1001” for “section 1141(a)” in par. (6), could not be executed because “section 1141(a)” did not appear in text

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 105–244, which directed the substitution of “section 1001” for “section 1141(a)” in par. (6), could not be executed because “section 1141(a)” did not appear in text.

    Enacted provision · exact public law section
    (I) Morris k. udall scholarships.— Section 4(6) of the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (20 U.S.C. 5602(6)) is amended by striking “1201(a)” and inserting “101”.

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

  8. Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009

    Pub. L. 111–90 § 4(1) · 123 Stat. 2976

    Struck · 20 U.S.C. § 5602(1)

    Pub. L. 111–90, § 4(1), struck out “Morris K. Udall Scholarship and Excellence in National Environmental Policy” before “Foundation”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 111–90, § 4(1), struck out “Morris K. Udall Scholarship and Excellence in National Environmental Policy” before “Foundation”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “Morris K. Udall Scholarship and Excellence in National Environmental Policy”;

  9. Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009

    Pub. L. 111–90 § 4(2) · 123 Stat. 2976

    Substituted · 20 U.S.C. § 5602(5); 20 U.S.C. § 5602(9)

    Pub. L. 111–90, § 4(2), (3), substituted “and Stewart L. Udall” for “Scholarship and Excellence in National Environmental Policy”

    Source evidence

    Code amendment note
    Pars. (5), (9). Pub. L. 111–90, § 4(2), (3), substituted “and Stewart L. Udall” for “Scholarship and Excellence in National Environmental Policy”.

    Enacted provision · exact public law section
    (2) in paragraph (5), by striking “Scholarship and Excellence in National Environmental Policy” and inserting “and Stewart L. Udall”; and

  10. Department of Education Appropriations Act, 2020

    Pub. L. 116–94 § 302(a)(1) · 133 Stat. 2534

    Substituted · 20 U.S.C. § 5602(2)

    Pub. L. 116–94, § 302(a)(1), substituted “the Udall Center for Studies in Public Policy established in 1987 at the University of Arizona, and includes the Native Nations Institute” for “the Udall Center for Studies in Public Policy established at the University of Arizona in 1987”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 116–94, § 302(a)(1), substituted “the Udall Center for Studies in Public Policy established in 1987 at the University of Arizona, and includes the Native Nations Institute” for “the Udall Center for Studies in Public Policy established at the University of Arizona in 1987”.

    Enacted provision · exact public law section
    Sec. 302. (transfer of funds) Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, Notification. Time period. That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

  11. Department of Education Appropriations Act, 2020

    Pub. L. 116–94 § 302(a)(4) · 133 Stat. 2534

    Redesignated · 20 U.S.C. § 5602(3)

    Pub. L. 116–94, § 302(a)(4), added par. (3). Former par. (3) redesignated (4)

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 116–94, § 302(a)(4), added par. (3). Former par. (3) redesignated (4).

    Enacted provision · exact public law section
    Sec. 302. (transfer of funds) Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, Notification. Time period. That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

  12. Department of Education Appropriations Act, 2020

    Pub. L. 116–94 § 302(a)(3) · 133 Stat. 2534

    Redesignated · 20 U.S.C. § 5602(4); 20 U.S.C. § 5602(5)

    Pub. L. 116–94, § 302(a)(3), redesignated pars. (3) and (4) as (4) and (5), respectively. Former par. (5) redesignated (6)

    Source evidence

    Code amendment note
    Pars. (4), (5). Pub. L. 116–94, § 302(a)(3), redesignated pars. (3) and (4) as (4) and (5), respectively. Former par. (5) redesignated (6).

    Enacted provision · exact public law section
    Sec. 302. (transfer of funds) Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, Notification. Time period. That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

  13. Department of Education Appropriations Act, 2020

    Pub. L. 116–94 § 302(a)(2) · 133 Stat. 2534

    1. Redesignated · 20 U.S.C. § 5602(6)

      Pub. L. 116–94, § 302(a)(2), (3), redesignated par. (5) as (6)

    2. Struck · 20 U.S.C. § 5602(6)

      Pub. L. 116–94, § 302(a)(2), (3), struck out former par. (6) which defined the term “Institute”

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 116–94, § 302(a)(2), (3), redesignated par. (5) as (6) and struck out former par. (6) which defined the term “Institute”.

    Enacted provision · exact public law section
    Sec. 302. (transfer of funds) Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, Notification. Time period. That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

  14. Department of Education Appropriations Act, 2020

    Pub. L. 116–94 § 302(a)(5) · 133 Stat. 2534

    Substituted · 20 U.S.C. § 5602(7)

    Pub. L. 116–94, § 302(a)(5), substituted “section 1001(a) of this title” for “section 1141(a) of this title”

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 116–94, § 302(a)(5), substituted “section 1001(a) of this title” for “section 1141(a) of this title”.

    Enacted provision · exact public law section
    Sec. 302. (transfer of funds) Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, Notification. Time period. That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

  15. Department of Education Appropriations Act, 2020

    Pub. L. 116–94 § 302(a)(6) · 133 Stat. 2534

    Redesignated · 20 U.S.C. § 5602(8)

    Pub. L. 116–94, § 302(a)(6), added par. (8). Former par. (8) redesignated (11)

    Source evidence

    Code amendment note
    Par. (8). Pub. L. 116–94, § 302(a)(6), added par. (8). Former par. (8) redesignated (11).

    Enacted provision · exact public law section
    Sec. 302. (transfer of funds) Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, Notification. Time period. That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

  16. Department of Education Appropriations Act, 2020

    Pub. L. 116–94 § 302(a)(7) · 133 Stat. 2534

    Redesignated · 20 U.S.C. § 5602(9); 20 U.S.C. § 5602(10)

    Pub. L. 116–94, § 302(a)(7), added pars. (9) and (10). Former par. (9) redesignated (12)

    Source evidence

    Code amendment note
    Pars. (9), (10). Pub. L. 116–94, § 302(a)(7), added pars. (9) and (10). Former par. (9) redesignated (12).

    Enacted provision · exact public law section
    Sec. 302. (transfer of funds) Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, Notification. Time period. That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

  17. Department of Education Appropriations Act, 2020

    Pub. L. 116–94 § 302(a)(3) · 133 Stat. 2534

    Redesignated · 20 U.S.C. § 5602(11); 20 U.S.C. § 5602(12)

    Pub. L. 116–94, § 302(a)(3), redesignated pars. (8) and (9) as (11) and (12), respectively

    Source evidence

    Code amendment note
    Pars. (11), (12). Pub. L. 116–94, § 302(a)(3), redesignated pars. (8) and (9) as (11) and (12), respectively.

    Enacted provision · exact public law section
    Sec. 302. (transfer of funds) Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, Notification. Time period. That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

22 of 22 references resolved to an enrolled provision

Editorial Notes

References in Text

For ratification of Compact of Free Association with the Republic of Palau, referred to in par. (11), see Proc. No. 6726, , 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.

Amendments1998–2019 · 3 rounds

2019

Par. (2). Pub. L. 116–94, § 302(a)(1), substituted “the Udall Center for Studies in Public Policy established in 1987 at the University of Arizona, and includes the Native Nations Institute” for “the Udall Center for Studies in Public Policy established at the University of Arizona in 1987”.

Par. (3). Pub. L. 116–94, § 302(a)(4), added par. (3). Former par. (3) redesignated (4).

Pars. (4), (5). Pub. L. 116–94, § 302(a)(3), redesignated pars. (3) and (4) as (4) and (5), respectively. Former par. (5) redesignated (6).

Par. (6). Pub. L. 116–94, § 302(a)(2), (3), redesignated par. (5) as (6) and struck out former par. (6) which defined the term “Institute”.

Par. (7). Pub. L. 116–94, § 302(a)(5), substituted “section 1001(a) of this title” for “section 1141(a) of this title”.

Par. (8). Pub. L. 116–94, § 302(a)(6), added par. (8). Former par. (8) redesignated (11).

Pars. (9), (10). Pub. L. 116–94, § 302(a)(7), added pars. (9) and (10). Former par. (9) redesignated (12).

Pars. (11), (12). Pub. L. 116–94, § 302(a)(3), redesignated pars. (8) and (9) as (11) and (12), respectively.

2009

Par. (1). Pub. L. 111–90, § 4(1), struck out “Morris K. Udall Scholarship and Excellence in National Environmental Policy” before “Foundation”.

Pars. (5), (9). Pub. L. 111–90, § 4(2), (3), substituted “and Stewart L. Udall” for “Scholarship and Excellence in National Environmental Policy”.

1998

Pars. (4), (5). Pub. L. 105–156, § 2(1), (2), added par. (4) and redesignated former par. (4) as (5). Former par. (5) redesignated (9).

Par. (6). Pub. L. 105–244, which directed the substitution of “section 1001” for “section 1141(a)” in par. (6), could not be executed because “section 1141(a)” did not appear in text.

Pub. L. 105–156, § 2(3), added par. (6). Former par. (6) redesignated (7).

Par. (7). Pub. L. 105–156, § 2(1), (4), redesignated par. (6) as (7) and struck out “and” at end. Former par. (7) redesignated (8).

Par. (8). Pub. L. 105–156, § 2(1), (5), redesignated par. (7) as (8) and substituted “; and” for period at end.

Par. (9). Pub. L. 105–156, § 2(1), (6), redesignated par. (5) as (9) and substituted “ ‘Trust Fund’ ” for “ ‘fund’ ” and period for semicolon at end.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective , except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

Credits

1992–2019 · 5 acts
  1. 1992Pub. L. 102–259, § 4, , 106 Stat. 78
  2. 1998Pub. L. 105–156, § 2, , 112 Stat. 8
  3. 1998Pub. L. 105–244, title I, § 102(a)(6)(I), , 112 Stat. 1619
  4. 2009Pub. L. 111–90, § 4, , 123 Stat. 2977
  5. 2019Pub. L. 116–94, div. P, title III, § 302(a), , 133 Stat. 3186.
Show as published

(Pub. L. 102–259, § 4, , 106 Stat. 78; Pub. L. 105–156, § 2, , 112 Stat. 8; Pub. L. 105–244, title I, § 102(a)(6)(I), , 112 Stat. 1619; Pub. L. 111–90, § 4, , 123 Stat. 2977; Pub. L. 116–94, div. P, title III, § 302(a), , 133 Stat. 3186.)

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